Based on Osceola, Florida Case #s Enter 49-2018-CF-000952 or 49-2018-CF-000799

TREATMENT REPORTING -- STATE ATTORNEY TREATMENT

US CONSTITUTIONAL RIGHTS -- FLORIDA MARSY'S LAW

_____________________________________________________________________

VICTIM'S TREATMENT WITH THE state attorneys office

When the ASA said he didn't have time to put black dots on her nude photos, she asked her State Appointed Advocate, "He's my lawyer, shouldn't he protect my dignity?, answer, " He's Not Your Lawyer, he works for the State".

Her State Apointed Victims' advocate/counselor tells her any nude photos of her would be considered as public records (She assumed this meant everyone could see them). This drove her crazy. She especially became obsessed about it when the prosecutor that was female was rotated out and replaced with a man that she didn't get along with. She was told the rapists had friends at the Orange County State Attorneys Office, this lawyer came from Orange County. She liked the female judge. She thought the judge was in charge. Then the judge changed over from a female to a man. Her two male lawyers, rapists three male lawyers, male judge, male prosecutor all deciding how much punishment for two males that raped her. This is why reporting a rape is like being raped all over again. All of your vulnerabilities are out there and someone (in her case she disagreed with) that has this information can make or break you.

State Treatment toward the Victim and Her Comments:

• Are those your first implants (ASA)-yes, I've had them 15 yrs. Reconstructive surgery from a gunshot wound- I weighed 187 lbs then? There is a plastic plate between my eyes, a rod was in my arm, and mesh was used to sew my abdomen back together- she didn't ask about these items though...(abusive past- but over it)
• The ASA thinks you do drugs (when I asked sheriff what is going on)-I have a security clearance with the FBI - we aren't allowed to do drugs?
• Why did you drop the sexual violence injunction?(I couldn't get a straight answer from the State appointed advocate as to whether or not I could show the evidence during the injunction hearing. After four of five emails with her saying -we don't do civil, we gave them all the evidence, we can't tell you what all the evidence was, we don't do civil)
• The ASA said he didn't have time to cover any nude photos with black dots
• The prosecutor is not your lawyer-after she asked her advocate, shouldn't my attorney care about my dignity. (I was never told I could have a lawyer or seek the advice of an attorney)
• My name was posted on the Public Clerk of Court Site- I had to call the sheriff to get it removed
• My emails to the State's Advocate/Victims Counselor were sent to the defense (I didn't know she wasn't a "trained" counselor-her title victims advocate/counselor, she told me to email her for almost 5 months)
• The State's advocate said any nude photos would go public that even in homicides they can't keep them from the public - she didn't know what Marsy's Law was
• Their families contacted me, but since they didn't ask them to, it was okay for his mother to question my Christianity- not for being raped, but for talking about it.
• I wasn't allowed to see what they took from my phone -in order for peace of mind I am still trying to get a copy of discovery. I begged for it throughout the proceedings, I was told you are just a witness and not allowed to see the discovery
• The ASA told my lawyer, my Victim Counselor and I, that the outcry witness didn't remember what I said and told my lawyer she would not say I told her I was raped-was he playing word games? (2 men had sex with her and she didn't want to, she didn't use the word rape, but she was forced to have sex and she was scared she was bleeding through her jeans-I've read the constitution and FL Statutes, this means rape)
• ASA never spoke to me about the case, questions, deposition, nothing at all
• I was never informed of any plea conversations until after the plea date certain was being set. When I disagreed with the plea bargain he angrily told me, they only found a few drops of your blood in the truck and with their DNA on my bloody clothes, he said, the aren't denying "being" with you
• The judge asked the ASA, after my impact statement, "did you go over the evidence with her?" the ASA said, "Yes, my boss and I did". I have not received all of the evidence and it took me a year to get the redacted version...He just told me, "Your Outcry Witness doesn't remember you said you were raped, I told him in an email, I didn't use the word rape. He disregarded this- it was even in a report I sent to the Detective.
• I handed over the outcry nurse name and phone number in February. They didn't even go to the Centra Care until December 1st the following year. If it was so important, why didn't he ask the Sheriff to push it. She had my other outcry witness that saw all my injuries. WHAT DO YOU HAVE TO DO TO PROVE RAPE? HAVE IT ON VIDEO OR PEOPLE WATCHING YOU SCREAM FOR YOUR CLOTHES AND DO NOTHING- COME FORWARD EVEN THOUGH THEY BROKE THE LAW BY NOT HELPING ME....??? Be sure to check your ASA's social calendar, before you start counting on Justice!

MY RIGHTS IGNORED SUPPORTING DOCUMENTS

TOP

 

 

VICTIM'S TREATMENT reporting rape

FL Constitution Section 16 (b)(1) The right to due process and to be treated with fairness and respect for the VICTIM'S DIGNITY?.

FIRST TIME REPORTING

• I called the police and made my statements to the first male officer. Then the officer asked where I lived and said he had to call the sheriff to come take my statement because my home was out of his jurisdiction.

SECOND TIME REPORTING

• The second male deputy showed up and started taking my report. Then out of the blue he asked if I was wearing a bra the night of the attack. I said yes and an undershirt that were both thrown out the window of the truck we were in
• The second male deputy then told me the charges would only be for what they did when they brought me home. I would have to go to another county and go through my statement all over again to charge them for all the things they did to me in the woods because it was out of his jurisdiction. I thought; I can't go through this again.

THIRD TIME REPORTING TO FOUR MALE DEPUTIES (NOW 6 MEN I HAD TO TALK TO)

• I asked for a female officer, four male deputies showed up. One in training taking my statements while the other three stood close by, giggling and joking with each other. I turned and asked what was so funny?
• The older of the three said, wait a minute, as he took the photos of my injuries I had printed, out of my hands. He said, what proof do we have of when you took the photos? I said they are time stamped on my phone.
• He said, you can take a trip to Hollywood, but you couldn't report a rape. I said, I had reported it already, a month ago. I had taken a business trip to LA CA the week before the second time I reported. My mama had recently died and she loved Wizard of Oz and Judy Garland, Dorothy was my mama's name. I had a photo on my phone with the Judy Garland Hollywood Star, to send back to my sisters (that didn't know I had been raped) where I was smiling. It was a business trip where I spoke to some friends that encouraged me to come forward again.
• Then he saw the injury photos and stated yeah you look pretty messed up. Then the heckling continued. I stated they had called the Toll Booth worker and F'ing N-word (I ministered at an African American Church) then another deputy said mockingly, oh such harsh language. I tried to hand this one my bag of clothes I wore the night I was raped and said their DNA is probably on my bloody clothes. He drew his hand back as if disgusted and so I sat the bag on the ground.
• I said, they tore me up that night because I had been celibate for twelve years before this. The older one, holding my ER report says, your report here states your uterus is normal for a woman your age. I said they tore my cervix, not my uterus. He said, you got any photos of that? while holding the printed photos.
• I continued to speak to the polite young man taking my report, but was interrupted by the mean one when he said, now how many guys were there? I said two. He said and how many hours did they have you? I said about nine, it was all night and all the next morning. He said, and how many condoms are you saying were on the seat? I said about ten, they used a whole pack because the last time the second one raped me, he didn't have a condom. He chuckled and asked again, ten? I started feeling faint at this point.
• Then the older one told the one in training, to get me to start writing my statement. He handed me the forms. The older one was still holding my phone and said can we have these photos, I said of course. I had cropped the photos to only show injuries, not my naked body. When they put them on the laptop in their vehicle the cropping came off and there was my naked body on the big screen in front of these men that had been heckling me. I thought I was going to throw-up. I asked if I could help show them which photos they could take and the older one said, we've got this, you go on now and start writing.
• I thought I was going to pass out, I asked if I could sit down in one of the vehicles. The mean one said no. The younger one said, you can go back inside the restaurant, but don't let anyone see what you are writing;The older one interrupted again saying, now wait, did you walk here? I said no...then I said, oh I get it, sit in my own car. Okay. I got in my car and cranked up loud music and started falling apart crying.
• I left these deputies to return home in tears. I called my crisis hotline and started screaming. I told her I wish I never called the police. I told her the things they said to me and she started asking about my car and my surroundings. She thought I was suicidal. Suicide, like having elicit sex, is against my religious belief, therefore I can't even make myself go there as tempting as it is.

FOURTH TIME REPORTING

• I received a call from a female detective the following day, I knew at this point to take a valium before talking to anyone else. She was different though. She was very kind and understanding. She had a therapy dog with her. This helped me through the rest of the statement. I wouldn't be here today if it wasn't for Det. Suzanne Couchette SVU Osceola County Sheriff, her boss and all her colleagues and many others that work for Osceola County Sheriff's department. I thank God for them everyday.
• I asked the detective to destroy the photos showing my nudity and she said she couldn't. I got sick again. All I could think about was that all the men that had access to the records would see me naked.
• She offered me the chance to turn in the men that were so insensitive. I chose not to- they just didn't have all the facts and besides, they would take a bullet for me, the State Attorney sure wouldn't. They don't work here. I asked her to train people to be like her.

 

 

18 U.S.C. § 3771. Crime victims' rights

(a) RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.

(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

(5) The reasonable right to confer with the attorney for the Government in the case.

(6) The right to full and timely restitution as provided in law.

(7) The right to proceedings free from unreasonable delay.

(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.

(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice.

(b) RIGHTS AFFORDED.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.

(c) BEST EFFORTS TO ACCORD RIGHTS.--

(1) GOVERNMENT.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).

(2) ADVICE OF ATTORNEY.--The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).

(3) NOTICE.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.

(d) ENFORCEMENT AND LIMITATIONS.--

(1) RIGHTS.--The crime victim or the crime victim's lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.

(2) MULTIPLE CRIME VICTIMS.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.

(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.--The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim's right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.

(4) ERROR.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates.

(5) LIMITATION ON RELIEF.--In no case shall a failure to afford a right under this chapter provide grounds for a 2263 new trial. A victim may make a motion to re-open a plea or sentence only if--

(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;

(B) the victim petitions the court of appeals for a writ of mandamus within 10 days; and

(C) in the case of a plea, the accused has not pled to the highest offense charged. This paragraph does not affect the victim's right to restitution as provided in title 18, United States Code.

(6) NO CAUSE OF ACTION.--Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.

(e) DEFINITIONS.--For the purposes of this chapter, the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative.

(f) PROCEDURES TO PROMOTE COMPLIANCE.--

(1) REGULATIONS.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.

(2) CONTENTS.--The regulations promulgated under paragraph (1) shall--

(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;

(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;

(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and

(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant."

TOP

MARSY'S LAW FLORIDA

SECTION 16. Rights of accused and of victims.—

(a) In all criminal prosecutions the accused shall, upon demand, be informed of the nature and cause of the accusation, and shall be furnished a copy of the charges, and shall have the right to have compulsory process for witnesses, to confront at trial adverse witnesses, to be heard in person, by counsel or both, and to have a speedy and public trial by impartial jury in the county where the crime was committed. If the county is not known, the indictment or information may charge venue in two or more counties conjunctively and proof that the crime was committed in that area shall be sufficient; but before pleading the accused may elect in which of those counties the trial will take place. Venue for prosecution of crimes committed beyond the boundaries of the state shall be fixed by law.

(b) To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the criminal and juvenile justice systems for crime victims, and ensure that crime victims’ rights and interests are respected and protected by law in a manner no less vigorous than protections afforded to criminal defendants and juvenile delinquents, every victim is entitled to the following rights, beginning at the time of his or her victimization:

(1) The right to due process and to be treated with fairness and respect for the victim’s dignity.

(2) The right to be free from intimidation, harassment, and abuse.

(3) The right, within the judicial process, to be reasonably protected from the accused and any person acting on behalf of the accused. However, nothing contained herein is intended to create a special relationship between the crime victim and any law enforcement agency or office absent a special relationship or duty as defined by Florida law.

(4) The right to have the safety and welfare of the victim and the victim’s family considered when setting bail, including setting pretrial release conditions that protect the safety and welfare of the victim and the victim’s family.

(5) The right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.

(6) A victim shall have the following specific rights upon request:

a. The right to reasonable, accurate, and timely notice of, and to be present at, all public proceedings involving the criminal conduct, including, but not limited to, trial, plea, sentencing, or adjudication, even if the victim will be a witness at the proceeding, notwithstanding any rule to the contrary. A victim shall also be provided reasonable, accurate, and timely notice of any release or escape of the defendant or delinquent, and any proceeding during which a right of the victim is implicated.

b. The right to be heard in any public proceeding involving pretrial or other release from any form of legal constraint, plea, sentencing, adjudication, or parole, and any proceeding during which a right of the victim is implicated.

c. The right to confer with the prosecuting attorney concerning any plea agreements, participation in pretrial diversion programs, release, restitution, sentencing, or any other disposition of the case.

d. The right to provide information regarding the impact of the offender’s conduct on the victim and the victim’s family to the individual responsible for conducting any presentence investigation or compiling any presentence investigation report, and to have any such information considered in any sentencing recommendations submitted to the court.

e. The right to receive a copy of any presentence report, and any other report or record relevant to the exercise of a victim’s right, except for such portions made confidential or exempt by law.

f. The right to be informed of the conviction, sentence, adjudication, place and time of incarceration, or other disposition of the convicted offender, any scheduled release date of the offender, and the release of or the escape of the offender from custody.

g. The right to be informed of all postconviction processes and procedures, to participate in such processes and procedures, to provide information to the release authority to be considered before any release decision is made, and to be notified of any release decision regarding the offender. The parole or early release authority shall extend the right to be heard to any person harmed by the offender.

h. The right to be informed of clemency and expungement procedures, to provide information to the governor, the court, any clemency board, and other authority in these procedures, and to have that information considered before a clemency or expungement decision is made; and to be notified of such decision in advance of any release of the offender.

(7) The rights of the victim, as provided in subparagraph (6)a., subparagraph (6)b., or subparagraph (6)c., that apply to any first appearance proceeding are satisfied by a reasonable attempt by the appropriate agency to notify the victim and convey the victim’s views to the court.

(8) The right to the prompt return of the victim’s property when no longer needed as evidence in the case.

(9) The right to full and timely restitution in every case and from each convicted offender for all losses suffered, both directly and indirectly, by the victim as a result of the criminal conduct.

(10) The right to proceedings free from unreasonable delay, and to a prompt and final conclusion of the case and any related postjudgment proceedings.

a. The state attorney may file a good faith demand for a speedy trial and the trial court shall hold a calendar call, with notice, within fifteen days of the filing demand, to schedule a trial to commence on a date at least five days but no more than sixty days after the date of the calendar call unless the trial judge enters an order with specific findings of fact justifying a trial date more than sixty days after the calendar call.

b. All state-level appeals and collateral attacks on any judgment must be complete within two years from the date of appeal in non-capital cases and within five years from the date of appeal in capital cases, unless a court enters an order with specific findings as to why the court was unable to comply with this subparagraph and the circumstances causing the delay. Each year, the chief judge of any district court of appeal or the chief justice of the supreme court shall report on a case-by-case basis to the speaker of the house of representatives and the president of the senate all cases where the court entered an order regarding inability to comply with this subparagraph. The legislature may enact legislation to implement this subparagraph.

(11) The right to be informed of these rights, and to be informed that victims can seek the advice of an attorney with respect to their rights. This information shall be made available to the general public and provided to all crime victims in the form of a card or by other means intended to effectively advise the victim of their rights under this section.

(c) The victim, the retained attorney of the victim, a lawful representative of the victim, or the office of the state attorney upon request of the victim, may assert and seek enforcement of the rights enumerated in this section and any other right afforded to a victim by law in any trial or appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The court or other authority with jurisdiction shall act promptly on such a request, affording a remedy by due course of law for the violation of any right. The reasons for any decision regarding the disposition of a victim’s right shall be clearly stated on the record.

(d) The granting of the rights enumerated in this section to victims may not be construed to deny or impair any other rights possessed by victims. The provisions of this section apply throughout criminal and juvenile justice processes, are self-executing, and do not require implementing legislation. This section may not be construed to create any cause of action for damages against the state or a political subdivision of the state, or any officer, employee, or agent of the state or its political subdivisions.

(e) As used in this section, a “victim” is a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed. The term “victim” includes the victim’s lawful representative, the parent or guardian of a minor, or the next of kin of a homicide victim, except upon a showing that the interest of such individual would be in actual or potential conflict with the interests of the victim. The term “victim” does not include the accused. The terms “crime” and “criminal” include delinquent acts and conduct.

History.—Am. S.J.R. 135, 1987; adopted 1988; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998; Am. proposed by Constitution Revision Commission, Revision No. 1, 2018, filed with the Secretary of State May 9, 2018; adopted 2018.

TOP